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(영문) 수원지방법원안양지원 2017.11.29 2016가단110367
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Determination

A. Fact that there is no dispute, and according to the purport of Gap evidence No. 2 and the whole pleadings, where the plaintiff and the defendant did not pay to the plaintiff KRW 120 million by March 20, 2003, the defendant agreed to transfer the registration of ownership transfer of the real estate of this case to the plaintiff by March 20, 2003, and that the defendant did not pay the above money to the plaintiff by March 20, 2003, which is the agreed period.

According to the above facts, it is reasonable to view that the plaintiff acquired the right to claim the transfer registration of ownership of the real estate of this case against the defendant on March 21, 2003 in accordance with the above agreement.

B. As to this, the defendant's defense that the plaintiff's right to claim ownership transfer registration of the real estate of this case has expired by prescription is examined.

The plaintiff's right to claim for the transfer registration of ownership is a claim for the ownership, and the extinctive prescription is ten years in accordance with Article 162 (1) of the Civil Code.

However, it is evident that the Plaintiff’s lawsuit of this case was filed on July 15, 2016 after the lapse of ten years from March 21, 2003, when the Plaintiff acquired the right to claim the transfer registration of ownership.

Therefore, since the plaintiff's right to claim for the transfer registration of ownership has already ceased to exist before the lawsuit of this case, the defendant's defense is justified.

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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